§ 410-X — Use of funds

§ 410-x. Use of funds. 1. A social services district shall expend its\nallocation from the block grant in a manner that provides for equitable\naccess to child care assistance funds to eligible families, and in\naccordance with the applicable provisions in federal law regarding the\nportion of the funds which must be spent on families in receipt of\nfamily assistance, families who are attempting through work activities\nto transition off of family assistance and families at-risk of becoming\ndependent on family assistance and the portion which must be spent on\nother working low-income families. Each social services district may\nspend no more than five percent of its block grant allocation for\nadministrative activities. The term "administrative activities" shall\nnot include the costs of providing direct services.\n 2. (a) The office of children and family services may establish\npriorities for the families which will be eligible to receive funding;\nprovided that the priorities provide that eligible families will receive\nequitable access to child care assistance funds to the extent that these\nfunds are available. The office of children and family services shall\nensure that families in receipt of child care assistance as of September\nthirtieth, two thousand twenty-three who were identified as a priority\npopulation under a local social services district's consolidated\nservices plan shall continue to be eligible for such assistance,\nprovided they meet all other applicable eligibility requirements for\nsuch assistance.\n (d) Each social services district shall collect and submit to the\ncommissioner of the office of children and family services in a manner\nto be specified by the commissioner of the office of children and family\nservices information concerning the disbursement of child care\nassistance funds showing geographic distribution of children receiving\nassistance within the district.\n (e) The commissioner of the office of children and family services\nshall submit a report to the governor, temporary president of the senate\nand the speaker of the assembly on or before August thirty-first, two\nthousand one concerning the implementation of this section. This report\nshall include information concerning the disbursement of child care\nassistance funds showing geographic distribution of children receiving\nassistance within the state.\n 3. Child care assistance funded under the block grant must meet all\napplicable standards set forth in section three hundred ninety of this\narticle or the administrative code of the city of New York, including\nchild day care in a child day care center, family day care home, group\nfamily day care home, school age child care program, or in home care\nwhich is not subject to licensure, certification or registration, or any\nother lawful form of care for less than twenty-four hours per day. The\ndepartment also is required to establish, in regulation, minimum health\nand safety requirements that must be met by those providers providing\nchild care assistance funded under the block grant which are not\nrequired to be licensed or registered under section three hundred ninety\nof this article or to be licensed under the administrative code of the\ncity of New York and to those public assistance recipients who are\nproviding child care assistance as part of their work activities or as\ncommunity service under title nine-B of article five of this chapter. A\nsocial services district may submit to the department justification for\na need to impose additional minimum health and safety requirements on\nsuch providers and a plan to monitor compliance with such additional\nrequirements. No such additional requirements or monitoring may be\nimposed without the written approval of the department. Social services\ndistricts shall provide, directly or through referral, technical\nassistance and relevant health and safety information to all public\nassistance recipients who voluntarily choose to provide child care\nassistance as part of their work activities under title nine-B of\narticle five of this chapter.\n 4. The amount to be paid or allowed for child care assistance funded\nunder the block grant shall be the actual cost of care but no more than\nthe applicable market-related payment rate established by the department\nin regulations. The payment rates established by the department shall be\nsufficient to ensure equal access for eligible children to comparable\nchild care assistance in the substate area that are provided to children\nwhose parents are not eligible to receive assistance under any federal\nor state programs. Such payment rates shall take into account the\nvariations in the costs of providing child care in different settings\nand to children of different age groups, and the additional costs of\nproviding child care for children with special needs.\n 5. The department shall promulgate regulations under which provision\nfor child care assistance may be made by providing child care directly;\nthrough purchase of services contracts; by providing cash, vouchers or\nreimbursement to the providers of child care or to the parents or\ncaretaker relatives; or through such other arrangement as the department\nfinds appropriate. Such regulations shall require the use of at least\none method by which child care arranged by the parent or caretaker\nrelative can be paid.\n 6. Pursuant to department regulations, child care assistance shall be\nprovided on a sliding fee basis based upon the family's ability to pay;\nprovided, however, that a family receiving assistance pursuant to this\ntitle shall not be required to contribute more than one percent of their\nincome exceeding the federal poverty level.\n 7. A social services district may suspend the eligibility of a\nprovider who is not required to be licensed or registered under section\nthree hundred ninety of this article to provide child care assistance\nfunded under the block grant, where the provider is the subject of a\nreport of child abuse or maltreatment that is under investigation by\nchild protective services.\n 8. Notwithstanding any provision of law to the contrary, child care\nassistance payments made pursuant to this section may be made by direct\ndeposit or debit card, as elected by the recipient, and administered\nelectronically, and in accordance with such guidelines, as may be set\nforth by regulation of the office of children and family services. The\noffice of children and family services may enter into contracts on\nbehalf of local social services districts for such direct deposit or\ndebit card services in accordance with section twenty-one-a of this\nchapter.\n 9. Reimbursement for payment on behalf of children who are temporarily\nabsent from child care shall be paid for up to eighty days per year.\nReimbursement for additional absences may be allowable in the case of\nextenuating circumstances, as determined by the office of children and\nfamily services.\n 10. Differential payment rates for child care services shall be\nestablished as required by this subdivision; provided however no\nprovider shall receive an aggregate differential in excess of a limit to\nbe set by the regulations of the office.\n (a) Local social services districts shall establish a differential\npayment rate for child care services provided by licensed or registered\nchild care providers who provide care to a child or children\nexperiencing homelessness. Such differential payment rate shall be no\nless than ten percent higher but no greater than fifteen percent higher\nthan the actual cost of care or the applicable market-related payment\nrate established by the office in regulations, whichever is less.\n (b) Local social services districts shall establish a differential\npayment rate for child care services provided by licensed, registered,\nor enrolled child care providers who provide care to a child during\nnontraditional hours. Nontraditional hours shall mean care provided\nother than between six o'clock ante meridian and seven o'clock post\nmeridian on weekdays. Such differential payment rate shall be no less\nthan ten percent higher but no greater than fifteen percent higher than\nthe actual cost of care or the applicable market-related payment rate\nestablished by the office in regulations, whichever is less.\n (c) Nothing in this subdivision shall be construed to limit the\nauthority of the office of children and family services to establish\nadditional differential payment rates by regulation.\n